i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> the white house telling reporters it would try the younger brother in federal court and that no options were considered. >> this is a matter that's decided by the department of justice and the attorney general, obviously at the top, the whole national security team supports this decision. >> military trial was not an option in this case because the 19-year-old is an american citizen. even if it provided more information about his brother who was killed last week. shep. >> shepard: catherine herridge in washington. catherine, thank you. that criminal complaint details the suspect's serious injuries. gunshot wounds to the head, the throat, the legs, and the hand. investigators say it appears the suspect shot himself as swat teams closed. in a possible attempt to kill himself they say. today, officers said he was in very bad shape by the time they took him down. >> moving up to the boat, he was actually laying down on the side of the boat. one l